MAUJ ALI v. STATE OF U.P. THRU. SECY. HOME LKO AND 3 OTHERS
BAIL/4104/2025 · 2025-05-14
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 139706 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 139706 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:28198 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4104 of 2025 Applicant :- Mauj Ali Opposite Party :- State Of U.P. Thru. Secy. Home Lko And 3 Others Counsel for Applicant :- Narendra Gupta,Pankaj Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Pankaj Gupta, the learned counsel for the applicant, Shri Rajiv Verma, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.42 of 2025 under Sections 137(2), 87, 65(1) of B.N.S., Section 5j(2)/6 of P.O.C.S.O. Act registered at Police Station- Talgaon, District- Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.02.2025 stating that the applicant had enticed away the informant's daughter aged 14 years at about 06:00 AM on 19.02.2025. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she had gone with the applicant for marrying him, she wants to live with the applicant and would marry him only. 5. The medico-legal examination report of the victim mentions no mark of injury or sign of use of force. As per the educational documents, the date of birth of the victim is 16.06.2011. As per the radio-logical examination report, her age has been opined to be 15 years. The urine pregnancy test is reported to be positive. 6. In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version and she categorically stated that the applicant has not committed any misdeed against her. 7. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 28 years having no criminal history and he has been falsely implicated in the present case. It has further been stated that the applicant is willing to marry the victim. 8. Learned AGA has vehemently opposed the bail application and he has submitted that the information of the present bail application has been delivered to the informant through police. He has further submitted that the applicant is a minor, allegations against the applicant have been established during investigation and a charge-sheet has been submitted on
22.04.2025. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled any allegation against the applicant rather she has stated that she had gone with the applicant out of her own free will and that the applicant has also expressed his willingness to marry the victim; that the applicant's incarceration would not serve the interest of the victim and her child coupled with the fact that the applicant has no criminal history and he is languishing in jail since 24.02.2025 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court, unless his/her appearance exempted by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 14.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench